Chain of command and authorisation to use force • Requirements state that the captain of the superyacht has the overriding authority and responsibility to make decisions with respect to the safety and security of the superyacht. However, there are questions as to how the captain’s overall responsibility for security issues interplays with the need for a professionally trained security team to take quick and immediate decisions in the heat of an attack • It has been widely argued that security personnel have an inherent right to use force in instances where it is necessary in their self-defence, and that the members of the security team should have a discretion under the RUF to use force without the captain’s consent in these circumstances Weapons licences • Making sure that all relevant licences are in place for carrying weaponry and ammunition on board during a voyage is a potential legal minefield, given that the laws of a number of legal jurisdictions may be involved. Laws and regulations governing weapons licences are frequently extremely complex, and potentially licences may be required frommultiple government agencies • There are potentially extremely serious civil and criminal sanctions, if there are breaches of weapons licensing laws • Given that there are significant international concerns about the proliferation of arms, with fears that weapons could end up being used in crime, terrorism, or in civil war, security companies, as well as shipowners must be extremely careful. Appropriate legal advice needs to be sought to ensure that both the security personnel carrying weapons, and the company owning the weapons acquire all the necessary licences and consents. In particular, it should be noted that some jurisdictions, such as Egypt, have banned the presence of weapons and armed security teams on board when transiting its territorial waters Be mindful of any unplanned changes to your route, which may bring the superyacht into the territory in which the existing weapons licences are inadequate.
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